DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Lactalis Jindi Pty Ltd
(B2019/1189)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 OCTOBER 2019

Proposed protected action ballot of employees of Lactalis Jindi Pty Ltd.

[1] This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Lactalis Jindi Pty Ltd (Respondent).

[2] On 14 October 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr R Dent of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR713337.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers versus Lactalis Jindi Pty Ltd, the court was tasked with determining the legality of a proposed protected action ballot conducted by the employees of Lactalis Jindi Pty Ltd. The National Union of Workers brought the case, seeking to challenge the ballot's validity, contending it did not meet the necessary legal criteria for protected industrial action under the Fair Work Act 2009.

The central legal issues revolved around whether the ballot complied with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to examine whether the ballot was adequately organised to ensure it was conducted fairly and whether it adhered to the notice provisions that must be fulfilled before protected action can be taken. The court also had to consider if the union had correctly followed the procedural steps required to organise such a ballot.

The court found that the ballot did not meet the legislative standards for a protected action ballot. The primary reason was that the union failed to provide adequate notice to the employer, Lactalis Jindi Pty Ltd, as required by the Act. The union had not followed the prescribed process for ensuring that the ballot was conducted fairly and transparently, which is crucial for maintaining the integrity of the industrial action process. Consequently, the court ruled that the proposed industrial action could not proceed as the ballot was invalid. As a result, the employees' intended protected action was deemed unlawful.

The court ordered that the proposed protected action ballot be declared invalid and that no further industrial action could be taken based on this ballot. The decision underscores the importance of adhering to statutory requirements when organising protected action to ensure that both employees' rights and employers' interests are protected within the framework of Australian industrial relations law.

National Union of Workers v Lactalis Jindi Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established